Professional Documents
Culture Documents
SPECIAL PROCEEDINGS
3-C
DECISION
PEREZ, J.:
The Facts
Claiming that the venue of the petition was improperly laid, Amelia,
together with her children, Jenneth and Jennifer, opposed the issuance
of the letters of administration by filing an Opposition/Motion to Dismiss.5
The petitioners asserted that as shown by his Death Certificate, 6 Eliseo
was a resident of Capas, Tarlac and not of Las Piñas City, at the time of
his death. Pursuant to Section 1, Rule 73 of the Revised Rules of Court,7
the petition for settlement of decedent’s estate should have been filed in
Capas, Tarlac and not in Las Piñas City. In addition to their claim of
improper venue, the petitioners averred that there are no factual and
legal bases for Elise to be appointed administratix of Eliseo’s estate.
Having attained legal age at this time and there being no showing of any
disqualification or incompetence to serve as administrator, let letters of
administration over the estate of the decedent Eliseo Quiazon, therefore,
be issued to petitioner, Ma. Lourdes Elise Quiazon, after the approval by
this Court of a bond in the amount of P100,000.00 to be posted by her.9
On appeal, the decision of the trial court was affirmed in toto in the 28
November 2008 Decision10 rendered by the Court of Appeals in CA-
G.R.CV No. 88589. In validating the findings of the RTC, the Court of
Appeals held that Elise was able to prove that Eliseo and Lourdes lived
together as husband and wife by establishing a common residence at
No. 26 Everlasting Road, Phase 5, Pilar Village, Las Piñas City, from
1975 up to the time of Eliseo’s death in 1992. For purposes of fixing the
venue of the settlement of Eliseo’s estate, the Court of Appeals upheld
the conclusion reached by the RTC that the decedent was a resident of
Las Piñas City. The petitioners’ Motion for Reconsideration was denied
by the Court of Appeals in its Resolution11 dated 7 August 2009.
The Issues
Under Section 1, Rule 73 of the Rules of Court, the petition for letters of
administration of the estate of a decedent should be filed in the RTC of
the province where the decedent resides at the time of his death:
(a) To the surviving husband or wife, as the case may be, or next
of kin, or both, in the discretion of the court, or to such person as
such surviving husband or wife, or next of kin, requests to have
appointed, if competent and willing to serve;
(b) If such surviving husband or wife, as the case may be, or next
of kin, or the person selected by them, be incompetent or unwilling,
or if the husband or widow, or next of kin, neglects for thirty (30)
days after the death of the person to apply for administration or to
request that administration be granted to some other person, it
may be granted to one or more of the principal creditors, if
competent and willing to serve;
Upon the other hand, Section 2 of Rule 79 provides that a petition for
Letters of Administration must be filed by an interested person, thus:
(b) The names, ages, and residences of the heirs, and the names
and residences of the creditors, of the decedent;
(c) The probable value and character of the property of the estate;
(d) The name of the person for whom letters of administration are
prayed.
But no defect in the petition shall render void the issuance of letters of
administration.
SO ORDERED.